Judgment No. CCZ 4/15 6
Civil Appeal No. CCZ 27/13
(14)
Section 38 provides for citizenship by registration to three classes of persons. These
are (a) persons who have been married to Zimbabwean citizens and satisfy other
conditions prescribed by an Act of Parliament (b) persons who have been
continuously and lawfully resident in Zimbabwe for a period of at least ten years and
(c) a child who is not a Zimbabwean citizen but is adopted by a Zimbabwean citizen.
(15)
Section 39 provides for the revocation of citizenship, but only in respect of two types
of citizenship. The first is citizenship by registration. Such citizenship may be
revoked if the acquisition of citizenship was through fraud, false representation or
concealment of a material fact or, during war situations, the person concerned
unlawfully trades, communicates or associates with any business that is carried out to
assist an enemy. The second is citizenship by birth. Such citizenship may be revoked
if it is acquired by fraud, false representation or concealment of a material fact or, in
the case of a child found in Zimbabwe who appears to be less than fifteen years of age
and is presumed to be a citizen by birth in terms of s 36(3), the person’s nationality or
parentage becomes known and it is established that such person was a citizen of
another country.
(16)
Section 42 provides for the enactment of a law, consistent with Chapter 3, providing
for (a) the procedures to be followed in acquiring citizenship by registration (b) the
voluntary renunciation of Zimbabwean citizenship (c) the procedures for the
revocation of Zimbabwean citizenship by registration (d) the restoration of
Zimbabwean citizenship (e) the prohibition of dual citizenship in respect of
citizenship by registration or descent and (f) any other issues to give effect to Chapter
3.